Introduction to Copyright
Copyright, the legal protection given to authors, artists, and composers to prevent reproduction, sale, or adaptation of their work without their consent. The copyright owner has exclusive rights for printing, reprinting, copying, selling, and adapting the copyrighted material. Rights included in copyright may be inherited or transferred much as other property. They may also be protected against infringement in the courts.
Works not protected by copyright are in the public domain and may be copied and used freely by anyone In most countries, copyright protection extends throughout the author's or artist's lifetime and 50 years beyond; upon expiration of the copyright, the work falls into the public domain.
United States Copyright
Congress is granted authority to pass national copyright laws under Article 1, Section 8 of the United States Constitution, which charges it with the duty "to promote the progress of science and useful arts, by securing for limited times to authors the exclusive right to their respective writings "
United States federal copyright protection is offered in six classes (categories):
Class TX,Nondramatic Literary Works. Includes published and unpublished works of fiction, nonfiction, and poetry. It also includes advertising copy and computer programs.
Class PA,Works of the Performing Arts. Includes published and unpublished works designed for the purpose of being presented before an audience, such as music and lyrics, dramatic and musical plays, choreographic works, and motion pictures.
Class SE,Serials. Works issued or intended to be issued in successive parts and continued indefinitely. Includes periodicals, newspapers, magazines, and annuals.
Class SR,Sound Recordings. Includes musical, dramatic, and literary works on tape, phonograph records, or compact discs.
Class RE,Renewal Registration. Any work copyrighted between January 1, 1950, and December 31, 1977, falls into this category. The copyright for such a work can be renewed for an additional 47 years. (The copyright for works published after December 31, 1977, is not renewable.)
Common law and state laws protect such creations as live broadcasts and improvised dramatic sketches. Not eligible for copyright are items that do not involve authorship (such as blank forms and calendars).
Copyright provides a complete monopoly to the author of intellectual, original, or creative works for a limited time; the purpose is to encourage such activities by providing the means—the monopoly—for the creator and his heirs to profit from his endeavors. Under the federal law of 1976, works created after December 31, 1977, are protected from the moment of creation; the protection extends throughout the creator's lifetime and 50 years beyond, (For works published or registered prior to 1978, the copyright is good for 28 years and may be renewed for an additional 47 years.). The Copyright Term Extension Act, passed in 1998, extends copyright by 20 years on works created on or after January 1, 1978. The Digital Millennium Act of 1998 increases copyright protection for digital information.
The federal law provides for "fair use" of an author's work to encourage the dissemination of information. Scholars, for example, may quote from a copyrighted work, and quotations may be used by a critic or reviewer writing about the work. Librarians, teachers, and private individuals may, within certain limitations, use copying machines to duplicate a copyrighted work.
Registering A CopyrightMost works are registered with the Copyright Office. Failure to do so denies the owner of a copyright the right to bring suit in case of infringement. (Although the owner cannot collect damages, he or she nevertheless remains the owner.) Unpublished as well as published works may be registered.
Federal law requires that, upon publication, two copies of a work must be sent to the Library of Congress. Works published before March 1, 1989, were required to bear a copyright notice. The use of the notice is no longer required, but the Copyright Office recommends that it be included. The notice consists of (1) the word Copyright, the abbreviation Copr., or the symbol (or, for sound recordings, the symbol ): (2) the year of publication; and (3) the name of the copyright owner.
Procedures differ for some materials. Play scripts, screenplays, and lectures, for example, are generally registered before publication; and other works not reproduced for sale, such as motion pictures, photographs, and works of art, may be registered by submitting identifying descriptions and representative photographic prints.
HistoryThe first federal copyright law was passed in 1790. A revised law was passed in 1870 and a new one in 1909.
Eventually, technological advances made the 1909 act outmoded, and in 1955 work was begun on a new law. Meanwhile, in 1972 Congress extended copyright protection to phonograph records. In 1976, a comprehensive new law was passed, taking into account such developments as cable television and copying machines and, for the first time, making the American copyright system conform to international practice.
International Copyright
The Berne Convention of 1886 set up the International Copyright Union. Each country of the Union granted protection to the authors and artists of all other member countries. The United States, did not join But in 1891 Congress passed an act granting copyright protection to authors of works originating in countries that gave similar protection to works published in the United States.
The United States ratified the Buenos Aires Convention of 1910, a copyright agreement between the United States and 17 Latin American nations. In 1952 the United States signed the Universal Copyright Convention. This agreement, which became effective in 1955, includes most major countries. The United States joined the Berne Convention in 1989.